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B-187566 1 (1977-01-06)

handle is hein.gao/gaobadeim0001 and id is 1 raw text is: 






DECIUION          n




PILE: B-187566


THU  COMPTROLLEN UNWRAL
op   TM UNITED ElATES
WAUS   DINTY   N. :.. 901115



      CATS: wvy'DTr


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     tATTER   OF:  Long's Air Conditionlng, Inc.

     DIGEBT:

     Where principal on bid bond was identified by naming
     one firm as agent for another firmi'ao named there-
     on, bond is unusual in form raisingpatbility that
     latter firm was idded to bond instkZ A it after execu-
     tion by surety. In circumstances surety could argue
     after bid opening that it never agreed to apparent
     principal and bid accompanied by such band was
     required to be rejected.

     Lang's Air CondV'oning, Inc. tng) protests aard to anyone
but itself under a Veterans Administration solicitation (Project
No. NJA-001-9B), issued-August 30. 1976, for replacement of
the nurses call and entertalmnent system for the VA Hospital,
Cainesville, Florida.
    The contracting officer infoirmed Long that its bid was con-
sidered ionresponsivei because the 'trm name which appeared
an the bid form (reverise of SF 21) aiid thefirm name which
appeared on the bid b6nd (SM 24) were not in agreement. The
name,  address signature and titlep pearing onthe bid form
are shown as, 'Longs Air Conditii lhg, Inc. , 800 Rest Avenue,
Avon Pafk, Florida, 33825, Kenneth Rf, -Long ' President.  The
prinepa,  etc., at the op of the 'age of the bid bond, however,
reads, Johnson Contrls,, Inc., 507 East Michigan Street,
Milwaukee, Wisconsin, \53202, for Longr Air Conditioning, Inc.,
800 N. Rest Avenue, Avon Park, Florida,, 33825,  and the signa-
ture for the principal at the bottom of the page of the bid bond
form reads, Johnson Controls. Inc.,  and contains the sfgnature
of Marianne T. Jarmui, Attorney-in-Fact.  In addition, the
bond states that the principal is incorporated in the state of
Wisconsin, which is correct for Johnson but incorrect for
Lang  a Florida corporition.
   As explained by Long:
   * * *Because of the short lead time in finiig out
   about the subject project, and in preparing our bid
   for the project, we were not able to obtain a Bid
   Band through our' normal sources and therefore had
   Johnson Controls, Inc. provide the Bid Bond for us.


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